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“Childless” Prisoner

August 7, 2007

lukab.jpg“When verdict was passed on Sofio Kobakhidze, both the judge and the prosecutor knew that she had one-month-old baby. Sofio’s lawyer, Ana Gagua, introduced the court with birth-certificate of the child. The judge and the prosecutor looked at each other in silence, but finally they did not react on the fact. Sofio’s little baby is not mentioned in case materials at all,” said Davit Managadze, lawyer for the Human Rights Center (HRIDC).

The bill of particulars, passed on November 2 2004 by the investigator for the Vake-Saburtalo District Station within the Internal Ministry’s Investigation Department, does not mention anything about Sofio Kobakhidze’s one-month-old baby. The birth certificate introduced by Sofio’s lawyer did not have any influence on final verdict. The only mitigating circumstance for the accused was the fact that there was no criminal record on her before the crime. As for the child, the court did not mention him at all. The bill of particulars was signed by Deputy-Prosecutor of Tbilisi Vake-Saburtalo District who is also an Associate Justice Officer.

Sofio’s child had been born thirty days before she was arrested. Sofio was accused for robbery with three other people. She has served her term in the Detention Setting # 5 for Women and Juveniles for three years already. She can see her son once in a three months who is three-year-old now. Caretaker Sveta Margiani takes Luka to the prison.

Although under the Georgian Criminal Code, Article 75 Section I, the court is enabled to postpone the imprisonment term for pregnant woman or for a woman who has a child aged less than five years, the court did not take the circumstance in the consideration. Thus, on January 24 2006 Tbilisi Civil Court sentenced Sofio Kobakhidze to nine-year-imprisonment. However, on July 11 2006 Tbilisi Appeal Court shortened her penalty to four-year-imprisonment. The term expires on August 6, 2008.

Davit Managadze, lawyer for the Human Rights Center, who protects Sofio Kobakhidze’s rights, said that on April 26 2007 he applied to Bacho Akhalaia, the Chairman of the Penitentiary Department within the Ministry of Justice and demanded early release of Sofo Kobakhidze from prison before the term expires. However, on June 29 permanent commission within the Penitentiary Department refused to satisfy Managadze’s demand. “I learned about the refusal only on August 6, while the commission made decision forty days ago,” said Davit Managadze.

Representatives of the Penitentiary Department said that the refusal on early release was sent to the prison administration at the end of June. However, it is noteworthy that Sofio Kobakhidzze has not learned about it yet. Sofio learned about the refusal from Human Rights Center.

Mediko Alania, director of the jail, said that they have not received any notifications from the Penitentiary Department. “We have received neither positive nor negative answer to the request for early release from prison. I do not know anything about it.”

Luka’s History

Luka is sitting at table and eating ice-cream. He is calling out to Sveta,” Mother I have finished” and protrudes his dirty mouth to her. Luka is only three and Sveta cannot explain to him that she is not his real mother; that she is his caretaker. His real mother is a prisoner.

“He always gets annoyed when I take him to prison. He is emotional child and when I tell him that Sofio is his mother he gets very nervous and aggressive. We cannot visit Sofio very often. It is difficult,” said Sveta.

“Sofio was renting a flat in our yard. I helped her when the child was born. Luka was almost one month old when Sofio was arrested, I remember when an investigator came here and said they had to take the child to the Children’s House. I could not let them take him. So I started to bring him up like my own child. He was ill and I was afraid that he would die, so I took over the responsibility of bringing him up without any reimbursement. A year ago my husband died and it became more difficult to bring up Luka. We took Luka to the prison for some time but the child could not put up with the situation there; he was crying all the time. Finally I took Luka back home. My fifteen-year-old daughter helps me to take care of the child. I have to work to earn our living. There is nobody else who could assist me to keep the family. I earn five lari a day and it is enough to buy some food. Six months ago Ministry of Education assisted me to be registered as an accepting family and now we receive 120 lari as an allowance. However, that money is not enough for the child. He is little and we cannot explain to him that we cannot afford to buy everything for him. Luka is very emotional child and demands particular treatment. Strange environment badly tells on his psychic. If he is taken to Children’s House, it might destroy his future,” said Sveta.

The caretaker states that it is getting more and more difficult to look after the child. Thus she does not exclude the possibility that soon she will leave Luka in Children’s House. “I am really very worried. I have brought him up like my own child and I love him very much. Anyway, I cannot look after him anymore. As for Sofio, it has become impossible to release her from prison. The child might remain without family environment. Sofio’s parents are old people and they live in Racha Region. I have not contacted with them for a long time already. They arrived to see the child only once but they are poorer than I am and cannot bring the child up. Thus, unless Sofio is released from prison earlier, the child will be taken to the Children’s House,” said Sveta.

Sofio Kobakhidze said in her conversation with Davit Managadze that “On July 1 Luka got three years old and according to the law a prisoner does not have right to keep the child in prison if the child is more than three. I am a lonely mother, I have no connections with my family, Sveta, the nurse of the child is my friend and she left my child at her place because she hoped the court would have postponed my penalty. However, I am still in prison. The caretaker has two children herself; her husband-the only bread-winner of the family also died and now it is more difficult for her to bring up my child. Consequently, there is a real danger that my son will be taken to Children’s House,” Sofio is worried.

Davit Managadze said that repeated application for early release from prison can be sent to corresponding bodies only six months after the previous one.  

Sofio Kobakhidze’s imprisonment term expires on August 6 2008 that is in twelve months. If we send another application for early release in six months it will have either negative or positive reply only after two months-that makes eight months already. Then it will take another month to find out whether the decision reached the detention setting and it is already nine months…So Sofio will be able to endure three months more after nine-month-imprisonment. Meanwhile, Luka will be taken to the Children’s House.

Nino Tarkhnishvili

 

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